A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info

What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

Do you need legal advice on a fair financial settlement?

We offer a consultation with experienced family solicitor for a low fixed fee. You will receive legal advice and a written report outlining your legal position and setting out what a fair settlement would look like based on your individual circumstances.

clean break? claiming money

  • 19briot
  • 19briot's Avatar Posted by
  • New Member
  • New Member
30 Mar 12 #320769 by 19briot
Topic started by 19briot
Sorry if this is the wrong forum, but could anyone give me advice please? I''m divorced for one year now, I have 3 chidren the 3 yr old is disabled.Basically, the financial agreement was, I retained the house, (although I''ve got 3yrs to get my ex''s name off of the mortgage) ( which I cant afford to do on my part time wage)we had 2 properties abroad, which were financed as a top up on the mortgage (worth about £50k which I pay).He got one I got one. My mortgage is interest only, but, he sold the endownment policy without my knowledge, therefore I will have nothing to pay off the capital with when the time comes. He pays me £300 a month, although he can afford more. He has now sold his property abroad at a loss, but I will still be paying the mortgage on it. As we did not have a Clean Break, can I claim any of the sale back to pay some of my capital off?If I can what do i do please
Many thanks

  • jonathancj
  • jonathancj's Avatar
  • Platinum Member
  • Platinum Member
30 Mar 12 #320795 by jonathancj
Reply from jonathancj
Was there actually a court order? If so, it''s easier to give an opinion if the exact wording is available. If there isn''t a clean break, you could perhaps claim spousal maintenance based on need, provided he has enough to be able to pay it.

  • 19briot
  • 19briot's Avatar Posted by
  • New Member
  • New Member
04 Apr 12 #321705 by 19briot
Reply from 19briot

Yes there was a court order,the magistrate actually advised me not to accept a clean break, which I didint.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

The modern, convenient and affordable way to divorce.

No-Fault Divorce £179

We provide the UK's lowest cost no-fault divorce service, managed by a well respected firm of solicitors. 

Online Mediation £250

Online mediation is a convenient and inexpensive way to agree on a fair financial settlement.

Consent Order £259

This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.

Court Support £250

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.